N.S. oral surgeon appeals courts rejection of heavy metals lawsuit

SYDNEY, N.S. - An oral surgeon is appealing a Nova Scotia Supreme Court judgment that rejected his claim that his health was damaged by heavy metals released in dust during renovations at a Cape Breton hospital.
Dr. Duncan MacIntyre contends he suffered weakness and disorientation, headaches, crushing pain in his ear, persistent nausea, feelings of rage and withdrawal, and forgetfulness after working for a week at New Waterford Consolidated Hospital in 2001.
He stopped practising medicine in April 2003.
Justice Donald L. MacLellan ruled MacIntyre failed to prove that heavy metals were released in the dust during the renovations or that heavy metals caused his medical condition.
In his appeal, the doctor claims MacLellan erred by finding that dust was released for only a relatively short period; that he was exposed to it for only about one week; that heavy metals weren't released into the air; and that he hasn't suffered from heavy metal toxicity.
MacIntyre, a specialist in oral and maxillofacial surgery, had sued the Cape Breton District Health Authority, which owns the hospital.
George MacDonald, a lawyer for the complainant, said in an interview Monday that his client is making small improvements to his health but is not able to resume his practice.